Midwest Reserve Trust Co. v. Pioneer Cattle Loan Co.

The opinion of the court was delivered by

Harvey, J.:

This is an action against the indorsers on a promissory note, the maker not having been served with summons. The trial court sustained a demurrer to the evidence for the reason, among others, that there had been no presentment for payment nor notice of dishonor. The plaintiff has appealed.

While other questions .are discussed, we shall only consider whether it was necessary, under the facts as disclosed by the evidence in this case, in order to bind the indorsers, that there should have been a presentment for payment and notice of dishonor.…